Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5573 of 2017 Arising Out of PS.Case No. -107 Year- 2016 Thana -MAHNAR District- VAISHALI(HAJIPUR) ====================================================== Akhilesh Kumar, Son of Santlal Ram, Resident of Village- Habibpur, P.S.- Baligaon, District- Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in Mahnar P.S. case No.107 of 2016 registered under Sections 363, 366, 366A of the Indian Penal Code and 3⁄4 of the Dian Act, pending before the court of A.C.J.M. VI, Vaishali, Hajipur.

Allegation is that the accused persons including the petitioner kidnapped the minor daughter of the informant due to purpose of marriage.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is

Patna High Court Cr.Misc. No.5573 of 2017 (3) dt.20-03-2017 2/2 further submitted that the victim girl has eloped with co-accused Chandra Shekhar Ram and has already married with him. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. and the victim has not yet been recovered. Considering the aforesaid facts and circumstances, I am not inclined to extend the privilege of anticipatory bail to the petitioner. Prayer for anticipatory bail is rejected. Anyhow if the petitioner surrenders in the court below within a period of six weeks from today, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T